Furthermore, Article 21 of the Charter of Fundamental Rights asserts that "any discrimination based on any ground such as [...] sexual orientation shall be prohibited." The Charter was agreed in 2000 and became legally binding in 2009.[1][2][3]

In practice, this protects EU citizens from being refused a job, or from being fired, because of their sexual orientation. It also protects them from being harassed by a colleague due to their sexual orientation. It does not cover being refused medical services or treatment, refusal of being given a double room in a hotel, protection from bullying in a school and refusal of social security schemes (e.g. survivors' pensions and financial assistance to carers). Protection under EU law in these circumstances is however granted on the grounds of race or gender.[4]

Proposed directive

A proposed European anti-discrimination law would outlaw discrimination in the areas of social protection, social advantages, education and access to supply of goods, on the basis of religious belief, disability, age, and sexual orientation.[5] However the directive has been stalled in the Council, despite strong support from the European Parliament.[6]

Transgender rights

EU law currently takes a different approach to transgender issues. Despite the European Parliament adopting a resolution on transsexuals' rights as early as 1989, transgender identity is not incorporated into any EU funding and was not mentioned in the law establishing the European Institute for Gender Equality (EIGE) as sexual orientation was. However, the case law of the European Court of Justice provides some protection by interpreting discrimination on the basis of 'sex' to also refer to people who have had 'gender reassignment'. Thus all EU sex discrimination law applies to transgender people.[2] In 2002, the 1976 equal treatment directive was revised to include discrimination based on gender identity.[7]

Other actions

Between 2001 and 2006, a Community Action Programme to Combat Discrimination involved the expenditure of EUR100 million to fight discrimination in a number of areas, including sexual orientation.[7]

In 2009 the European Commission has acted to tone down a law in Lithuania that included homophobic language and also aimed to support the gay pride parade in the country and others under threat of banning.[2]

Bulgaria, Croatia, Hungary, Latvia, Lithuania, Poland and Slovakia have constitutionally defined marriage as being between a man and a woman.

European Union law requires those member states that legalised same-sex partnerships to recognise each other's partnerships for the purpose of freedom of movement.[12] The European Parliament has however approved a report calling for mutual recognition.[13][14]

According to EU Court of Justice case law based on the Employment Equality Framework Directive, employees in a civil partnership with a same-sex partner must be granted the same benefits as those granted to their colleagues upon their marriage, where marriage is not possible for same-sex couples. The Court established this principle in 2008 in the case of Tadao Maruko v. Versorgungsanstalt der deutschen Bühnen with regards to a German registered life partnership. In December 2013, the Court confirmed this in the case of Frédéric Hay v. Crédit agricole mutuel (C-267/12) with regards to a French civil solidarity pact, which is significantly inferior to marriage than a German registered life partnership.[15][16]

/ Partner-guardianship since 2014 (parental responsibility and a permanent next-of-kins relationship between a life partner and their partner's child which is registered in the child's birth certificate)

Act on the elimination of discrimination bans all types discrimination based on both gender identity and gender expression. Gender change is regulated by special policy issued by Ministry of Health.[42]

Joint adoption since 2016. Stepchild adoption is not legal for any couples, but a birth parent and their partner may be eligible to be joint adopters of the child.[79][80][81][82]
(+automatic co-parent recognition)[83]

Public opinion

Below is the share of respondents per country who agreed with the following statements in the 2015 Special Eurobarometer on discrimination.[166] The last column is the change from the 2006 Eurobarometer where respondents were presented the slightly different statement "Homosexual marriages should be allowed throughout Europe".[167]

Member state

"Gay and lesbian people
should have the same rights
as heterosexual people"

"There is nothing wrong
in a sexual relationship between
two persons of the same sex"

^In a particular case, the Court of Cassation has refused to rescind a lower judgment recognising a same-sex marriage performed abroad, but this was on procedural grounds only and did not determine the merits of the case [4]

^"The Constitution of the Republic of Poland". Sejm RP. Retrieved 2015. Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.

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